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CRIMINAL DEFENSE ATTORNEY SACRAMENTO​ 

If you are suspected of a crime, never talk to any law enforcement officer until after you have retained an experienced criminal defense attorney. Our offices are conveniently located in Downtown Sacramento.

The best criminal defense attorney in Sacramento, Carlos Ramos Attorney at Law fight felony and misdemeanor cases. We provide a full-service approach at each stage of the case, including arraignments, preliminary hearings, motion hearings, probation violation hearings, and trials.

 

CALL US NOW FOR A FREE CONSULTATION   CLICK HERE OR CALL 916-913-9996

 

 

DRUG CRIMES

Attorneys for Drug Crimes in Sacramento, California

The most common mistakes made by law enforcement officers in Sacramento in drug cases include:

  • Relying on unreliable confidential informants

  • Misleading a judge in order to obtain a search warrant

  • Entrapping a person not otherwise predisposed to commit the crime

  • Conducting an illegal search or seizure

  • Planting evidence

  • Adding untrue statements in police reports

These problems can lead to the suppression of evidence or the outright dismissal of the charges. Our attorneys aggressively fight these charges by filing and litigating:

  • Motions to suppress or exclude, or

  • Motions to dismiss.

  • CALL US FOR MORE INFO

 

DOMESTIC VIOLENCE

Attorneys for Domestic Violence in Sacramento, California

In any loving relationship, a fight or disagreement can occur. If someone calls the police to diffuse the situation, the person making the call might be surprised to learn that the officers arrive on a mission to arrest someone. In fact, in many of these cases the officers will actually say: “One of you is going to jail.” The officers are trained to make an arrest if any allegation of domestic violence is made, even if the alleged victim does not wish to prosecute.

In some cases, officers threaten to arrest both people involved in the argument, which often increases the chances of a false or exaggerated allegation. To make matters more difficult, the officers must also determine which person was the primary aggressor and which person might have a self-defense claim.

The District Attorney’s Office in Sacramento has a special unit focused on prosecuting domestic violence cases. Prosecutors will often prosecute the case aggressively even when the alleged victim is reluctant to participate in the prosecution. Any complaining witness that wants to recant the allegation might be threatened with charges for filing a false police report or perjury.

False allegations in domestic violence cases are common, particularly when one side has a financial incentive to lie or exaggerate. Also, when a couple is separating, concerns about a divorce or child custody battle can lead to false allegations made in an effort to gain an upper hand in the civil case.

 

MARIJUANA CRIMES

The State of California has decriminalized marijuana to some degree for the first-time possession of a small amount for personal consumption. Nevertheless, some types of marijuana offenses are still prosecuted in California under state and federal law.

The criminal defense attorneys in Sacramento, CA, we represent clients for a variety of marijuana crimes including:

  • Driving Under the Influence of Marijuana (or a combination of marijuana along with alcohol or other controlled substances) under California’s Vehicle Code Section 23152

  • Sale, Offer to Sell or Transportation of Marijuana under Health and Safety Code § 11360(a)

  • Possession of Marijuana for Sale under Health and Safety Code § 11359

  • Possession of More than One Ounce of Marijuana under Health & Safety Code § 11357(c)

  • Possession of Less than One Ounce of Marijuana under Health & Safety Code § 11357(b)

  • Simple Possession of Marijuana on School Grounds under Health & Safety Code § 11357(d)

  • Simple Possession of Concentrated Cannabis under Health & Safety Code § 11357(a)

  • Illegal Planting or Cultivation of Marijuana

  • Transportation or Offering to Transport Marijuana

  • Sale, Offering to Sell, Possession for Sale of Marijuana

Many of our clients are juveniles charged with the possession, sale or delivery of marijuana at school. It is also felony for an adult to involve a minor in a drug offense, including the use, unlawful sale or transport of marijuana as provided in California’s Health & Safety Code § 11361.

Our marijuana defense attorneys in Sacramento, CA, are familiar with asserting the medical marijuana defense that applies under the Compassionate Use Act or the Medical Marijuana Program Act (See Health & Safety Code, §§ 11362.5, 11362.775) to a wide variety of charges when applicable. We also represent clients on other types of drug offenses in California.

If you are charged with any type of criminal offense related to the possession, sale or delivery of marijuana then contact an experienced criminal defense attorney Carlos Ramos.

Call to discuss your case today.

Attorneys for Marijuana crimes in Sacramento, California

 

FELONY CRIMES

Attorneys for Felony crimes in Sacramento, California

Many of the mentioned offenses can be felonies. what is the difference between a felony and misdemeanor? well the seriousness of the offense and the real possibility of a lengthier term of incarceration. the felony process is also different than the misdemeanor process because after the initial courtdate (known as the arraignment), the client and I will attend a serious of pre-preliminary hearing conferences instead of the typical status conferences or pre-trial conferences. If a resolution or dismissal cannot be obtained then the case will be set for a preliminary hearing. Infractions and misdemeanors do not get a preliminary hearing. A prelijminary hearing is like a preiveiw of things to come before trial because often, but not always, the complaining witness (or victim) will be subpoened to come testify. We can and will cross examine them. This is includes law enforcement. Preliminary hearings, unfortunatley, are not decided by a jury but only by a judge and only by a probable cause standard (in other words is it likely that a crime occurred). Make no mistake this is not a high legal burden for the district attorney to prove but victims and witness often don't show up or testify horribly which can lead to a dismissal of charges, a reduction in charges or a better offer in the case. point blank, the district attorney's case will often never be stronger than at the preliminary hearing stage yet it is this stage that sometimes blows the case wide open for us.

MOTOR VEHICLE CRIMES

Many motor vehicle crimes depending on the specific charge can be infractions, misdemeanor's or felonies.

In the State of California, commonly prosecuted motor vehicle offenses include, but are not limited to the following:

  • Reckless Driving;

  • Exhibition of Speed;

  • Engaging in a Speed Contest;

  • Failure to Appear on a Traffic Citation;

  • Hit and Run Accidents;

  • Hit and Run with Property Damage;

  • Felony Hit and Run;

  • Failure to Stop and Submit to Law Enforcement Inspection:

  • Fleeing or Attemting to Evade an Officer;

  • Driving without a Valid License;

  • Refusing to Present a License when Requested by an Officer;

  • Driving While License Suspended or Revoked;

  • Causing Bodily Injury with a Vehicle after a License has been Suspended or Revoked;

  • Driving the Wrong Way on a Divided Highway;

  • Possession of an Open Container of Alcohol in a Vehicle (for a third or subsequent violation);

  • Possession of Alcohol in a Vehicle by Anyone under 21;

  • Failure to Install an Ignition Interlock Device;

  • Driving a Vehicle without an Ignition Interlock Device.

Attorneys for Motor vehicle crimes in Sacramento, California

 

SEXUAL OFFENSES

 

California laws provide for harsh penalties for any sexually motivated criminal offense. For many of these offenses, a conviction means that you must register as a sex offender for the rest of your life. Other penalties can include steep fines and long periods of incarceration.

Many of these offenses do not require any evidence other than the testimony of the alleged victim. In fact, the standard jury instructions found in Judicial Council Of California Criminal Jury Instruction 1190 provides that a conviction for a sexual assault crime may be based on the testimony of a complaining witness alone, even if no corroborated evidence exists to support that testimony.

The attorneys at  Carlos Ramos Law represent people in Sacramento charged with serious sexual offenses under California law. Sexual offenses in California can include the following:

Prohibited Sex Crimes Committed in Public

  • Indecent Exposure under Pen. Code, § 314

  • Lewd Conduct in Public under Pen. Code, § 647(a)

  • Soliciting Lewd Conduct in Public under Pen. Code, § 647(a)

Failure to Register as Sex Offender (Pen. Code, § 290(b))

Sexual Battery

  • Sexual Battery — Misdemeanor (Pen. Code, § 243.4(e)(1))

  • Sexual Battery — By Fraudulent Representation (Pen. Code, §§ 242, 243.4(c))

  • Sexual Battery on Institutionalized Victim (Pen. Code, §§ 242, 243.4(b) & (d)), and

  • Sexual Battery — Felony (Pen. Code, §§ 242, 243.4(a) & (d))

Rape Laws in California

  • Rape or Spousal Rape by Force, Fear, or Threats under Pen. Code, §§ 261(a)(2), (6) & (7)

  • Rape by Fraud (Pen. Code, § 261(a)(5)

  • Rape of a Disabled Woman (Pen. Code, § 261(a)(1)

  • Rape of an Unconscious Woman or Spouse (Pen. Code, §§ 261(a)(4), 262(a)(3))

  • Rape of an Intoxicated Woman or Spouse (Pen. Code, §§ 261(a)(3), 262(a)(2)), and

  • Rape or Spousal Rape in Concert (Pen. Code, § 264.1)

Oral Copulation

  • Oral Copulation by Force, Fear, or Threats (Pen. Code, §§ 288a(c)(2) & (3), (k))

  • Oral Copulation by Fraud (Pen. Code, §§ 288(a) & (j))

  • Oral Copulation of a Disabled Person in a Mental Hospital (Pen. Code, §§ 288a(a) & (h))

  • Oral Copulation of a Disabled Person (Pen. Code, §§ 288a(a) & (g))

  • Oral Copulation of an Unconscious Person (Pen. Code, § 288a(a) & (f))

  • Oral Copulation of an Intoxicated Person (Pen. Code, § 288a(a) & (i))

  • Oral Copulation in Concert (Pen. Code, § 288a(d)), and

  • Oral Copulation while in Custody (Pen. Code, §§ 288a(a) & (e))

Sodomy

  • Sodomy by Force, Fear, or Threats (Pen. Code, §§ 286(c)(2), (3), (k))

  • Sodomy by Fraud (Pen. Code, § 286(j))

  • Sodomy of a Disabled Person in a Mental Hospital (Pen. Code, § 286(h))

  • Sodomy of a Disabled Person (Pen. Code, § 286(g))

  • Sodomy of an Unconscious Person (Pen. Code, § 286(f))

  • Sodomy of an Intoxicated Person (Pen. Code, § 286(i))

  • Sodomy in Concert (Pen. Code, § 286(d)), and

  • Sodomy while in Custody (Pen. Code, § 286(e))

Sexual Penetration

  • Sexual Penetration by Force, Fear, or Threats (Pen. Code, §§ 289(a)(1) & (2)(g))

  • Sexual Penetration by Fraud (Pen. Code, § 289(f))

  • Sexual Penetration of an Unconscious Person (Pen. Code, § 289(d))

  • Sexual Penetration of an Intoxicated Person (Pen. Code, § 289(e))

  • Sexual Penetration of a Disabled Person (Pen. Code, § 289(b))

  • Sexual Penetration of a Disabled Person in a Mental Hospital (Pen. Code, § 289(c)), and

  • Sexual Penetration in Concert (Pen. Code, §§ 264.1, 289(a)(1))

Lewd or Lascivious Act against a Dependent (Disabled) Person under Pen. Code, §§ 288(b)(2) & (c)(2)

Sexually Motivated Crimes Against Minors Only

  • Misdemeanor Unlawful Sexual Intercourse: Minor within Three Years of Defendant’s Age (Pen. Code, §§ 261.5(a) & (b))

  • Unlawful Sexual Intercourse: Defendant 21 or Older (Pen. Code, §§ 261.5(a) & (d))

  • Unlawful Sexual Intercourse: Minor More Than Three Years Younger (Pen. Code, §§ 261.5(a) & (c))

  • Oral Copulation with Minor: Defendant 21 or Older (Pen. Code, § 288a(b)(2))

  • Oral Copulation with Person under 14 (Pen. Code, § 288a(c)(1))

  • Oral Copulation with Person under 18 (Pen. Code, § 288a(b)(1))

  • Sodomy with Minor: Defendant 21 or Older (Pen. Code, § 286(b)(2))

  • Sodomy with Person Under 18 (Pen. Code, § 286(b)(1))

  • Sodomy with Person Under 14 (Pen. Code, § 286(c)(1))

  • Sexual Penetration with Person Under 14 (Pen. Code, § 289(j))

  • Sexual Penetration with Minor: Defendant 21 or Older (Pen. Code, § 289(i))

  • Sexual Penetration with Person Under 18 (Pen. Code, § 289(h))

  • Lewd or Lascivious Act: Child under 14 Years (Pen. Code, § 288(a))

  • Lewd or Lascivious Act: By Force or Fear (Pen. Code, § 288(b)(1))

  • Lewd or Lascivious Act: Child 14 or 15 Years (Pen. Code, § 288(c)(1))

  • Continuous Sexual Abuse (Pen. Code, § 288.5(a))

  • Annoying or Molesting a Child in a Dwelling (Pen. Code, §§ 647.6(a)-(c))

  • Annoying or Molesting a Child (Pen. Code, §§ 647.6(a)-(c))

  • Aggravated Sexual Assault of Child Under 14 Years (Pen. Code, § 269(a))

  • Contacting Minor with Intent to Commit Certain Felonies (Pen. Code, § 288.3(a))

  • Arranging Meeting with Minor for Lewd Purpose (Pen. Code, § 288.4(a)(1))

  • Going to Meeting with Minor for Lewd Purpose (Pen. Code, § 288.4(b))

  • Engaging in Sexual Intercourse or Sodomy with Child 10 Years of Age or Younger (Pen. Code, § 288.7(a)), and

  • Engaging in Oral Copulation or Sexual Penetration with Child 10 Years of Age or Younger (Pen. Code, § 288.7(b))

Obscene or Harmful Matter

  • Distributing, Sending, or Exhibiting Harmful Material (Pen. Code, §§ 288.2(a)(1) & (2))

  • Distributing Obscene Matter Showing Sexual Conduct by a Minor (Pen. Code, §§ 311.1(a), 311.2(b))

  • Distributing or Intending to Distribute Obscene Material (Pen. Code, § 311.2(a))

  • Obscene Live Conduct (Pen. Code, § 311.6), and

  • Using a Minor to Perform Prohibited Acts (Pen. Code, §§ 311.4(b), (c))

Attorneys for Sexual offenses in Sacramento, California

THEFT CRIMES

Theft crimes and criminal charges for theft, including both misdemeanor and felony offenses, are serious. A conviction for a theft crime, including shoplifting, is considered a conviction for a “crime of dishonesty” that must be disclosed on many job applications. A conviction for any theft crime might show up on even the most basic background check. For this reason, avoiding a conviction is extremely important.

Although most theft cases involve shoplifting or petty theft, more serious offenses for grand theft, embezzlement, or extortion can involve large sums of money taken over a long period of time.

The District Attorney’s Office in Sacramento has several diversion programs to deal with these types of charges for a first-time offense. An experienced attorney can help you understand the different options and how to resolve your case under the best possible terms. 

Traditionally, several different types of theft crimes were prosecuted in the State of California including:

Theft crimes can also involve the taking of or tampering with a vehicle under the following provisions:

  • 1820 — Unlawful Taking or Driving of a Vehicle (Vehicle Code §§ 10851(a) & (b))

  • 1821 — Tampering With a Vehicle (Vehicle Code § 10852)

  • 1822 — Unlawful Taking of a Bicycle or Vessel (Penal Code § 499(b))

Related offenses include extortion crimes, which can be charged as:

  • 1830 — Extortion by Threat or Force (Penal Code §§ 518 & 519)

  • 1831 — Extortion by Threatening Letter (Penal Code § 523)

  • 1832 — Extortion of Signature (Penal Code § 522)

Attorneys for Theft Crimes in Sacramento, California

 

VIOLENT CRIMES

The FBI’s Uniform Crime Reporting (UCR) Program defines violent crime to include aggravated assault, robbery, forcible rape, non-negligent manslaughter, and murder. Under California law, “violent crime” is generally defined more broadly to include any offense that involves force or a threat of force such as Assault, Battery, Sexual Battery, Abuse of an Elder or Dependent Adult, Abuse of a Spouse, Domestic Violence, and Child Abuse.

Attorneys for Violent Crimes in Sacramento, California

 

WEAPON &

GUN OFFENSES

Despite the landmark Supreme Court decision in Heller v. District of Columbia in 2008 that redefined the Second Amendment, many states across the county have impose a myriad of complex regulations regarding firearms.

Sacramento o metropolitan areas strictly enforce firearms laws. Some communities within the greater Sacramento have passed local ordinances that make legally owning a firearm difficult. On the other hand, in more rural jurisdictions outside of San Francisco, law enforcement officer narrowly enforce the same firearms laws by prosecuting only those who demonstrate malicious intent or commit some other criminal offense.

Selective enforcement of gun and weapon charges can lead to unfair treatment and injustice. Many of California’s firearm and weapon laws are hypertechnical and regulatory in nature. Having an experienced criminal defense attorney who understands the law in this area is critical to obtaining the best result after a criminal accusation.

Attorneys for Gun Offenses in Sacramento, California

 

ASSAULT & BATTERY

Chapter 9 of Title 8 in Part 1 of the California Penal Code is dedicated to assault and battery. While these two crimes are often used interchangeably, each term has a distinct definition and assault, and battery are completely separate criminal offenses.

California Penal Code § 240 defines as an assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another,” while a battery is defined under California Penal Code § 242 as “any willful and unlawful use of force or violence upon the person of another.” It is entirely possible for an alleged offender to be charged with both crimes, and the consequences of a conviction can be severe.

A violation of California Penal Code § 240 is commonly referred to as “simple assault.” California Criminal Jury Instructions (CALCRIM) § 915 establishes that in order to prove a person is guilty of simple assault, the prosecutor must prove that:

  •       The alleged offender did an act that by its nature would directly and probably result in the application of force to a person;

  •       The alleged offender did that act willfully;

  •       When the alleged offender acted, he or she was aware that his or hers actions would lead a reasonable person to believe that his or her acti ons would directly and probably result in the application of force to someone; and

  •       When the defendant acted, he or she had the present ability to apply force to a person.

CALCRIM § 915 also states that someone commits an act willfully when he or she does it willingly or on purpose. Proof that an alleged offender intended to break the law, hurt someone else, or gain any advantage is not required.

Simple assault is typically a misdemeanor offense, but a simple assault offense may be charged more harshly when an alleged victim is considered a protected person. An assault offense may also have higher consequences than normal when the crime is committed in a specific location. Some assault charges include:

  •       Assault on parking control officer engaged in the performance of his or her duties, California Penal Code § 241.(b);

  •       Assault on peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other healthcare facility, California Penal Code § 241.(c);

  •       Assault on custodial officer, California Penal Code § 241.1;

  •       Assault committed on school or park property against any person, California Penal Code § 241.2;

  •       Assault committed against any person on the property of, or on a motor vehicle of, a public transportation provider, California Penal Code § 241.3;

  •       Assault on highway worker engaged in the performance of his or her duties, California Penal Code § 241.5;

  •       Assault on school employee engaged in the performance of his or her duties, or in retaliation for an act performed in the course of his or her duties, California Penal Code § 241.6;

  •       Assault by a person who is a party to a civil or criminal action in which a jury has been selected to try the case on any juror or alternate juror who was selected and sworn in that legal action, while the legal action is pending or after the conclusion of the trial, California Penal Code § 241.7; or

  •       Assault member of the United States Armed Forces because of the victim’s service in the United States Armed Forces, California Penal Code § 241.8.

Assault can become a felony offense when the alleged crime involves the use of a weapon or force likely to cause injury. Enhanced assault offenses include:

  •       Assault with a deadly weapon or instrument other than a firearm, California Penal Code § 245.(a)(1);

  •       Assault with a firearm, California Penal Code § 245.(a)(2);

  •       Assault upon the person of another with a machinegun, assault weapon, or .50 BMG rifle, California Penal Code § 245.(a)(3);

  •       Assault upon the person of another by any means of force likely to produce great bodily injury, California Penal Code § 245.(a)(4);

  •       Assault upon the person of another with a semiautomatic firearm, California Penal Code § 245.(b);

  •       Assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer or firefighter engaged in the performance of his or her duties, California Penal Code § 245.(c);

  •       Assault with a firearm upon the person of a peace officer or firefighter engaged in the performance of his or her duties, California Penal Code § 245.(d)(1);

  •       Assault upon the person of a peace officer or firefighter engaged in the performance of his or her duties with a semiautomatic firearm, California Penal Code § 245.(d)(2);

  •       Assault with a machine gun, assault weapon, or .50 BMG rifle upon the person of a peace officer or firefighter engaged in the performance of his or her duties, California Penal Code § 245.(d)(3).

  •       Assault with a deadly weapon or instrument or by any means of force likely to produce great bodily injury upon the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle used for the transportation of persons for hire, or upon the person of a station agent or ticket agent for the entity providing such transportation when the driver, operator, or agent is engaged in the performance of his or her duties, California Penal Code § 245.2;

  •       Assault with a deadly weapon or instrument or by any means likely to produce great bodily injury upon the person of a custodial officer engaged in the performance of his or her duties, California Penal Code § 245.3;

  •       Assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a school employee engaged in the performance of his or her duties, California Penal Code § 245.5(a);

  •       Assault with a firearm upon the person of a school employee engaged in the performance of his or her duties, when the school employee is engaged in the performance of his or her duties, California Penal Code § 245.5(b); and

  •       Assault upon the person of a school employee engaged in the performance of his or her duties with a stun gun or taser, California Penal Code § 245.5(c).

Attorneys for Assault & Battery in Sacramento, California

 

FAILURE TO APPEAR

If you fail to appear in court on either a civil traffic infraction, misdemeanor or felony offense, certain consequences occur. First, a warrant can be issued for your arrest. Second, you can face additional charges for the failure to appear (often called “bail jumping” or “jumping bail”). After missing a court date, immediately retain an attorney who can help you undo the mistake.

Our attorneys help clients after a failure to appear warrant is issued by the judge in any Criminal Court Division in San Francisco. We fight cases involving a failure to appear on an underlying charge for either a felony or a misdemeanor. After missing a court date, the court will usually issue a no-bond warrant. The prosecutor can also file an additional charge for the failure to appear / bail jumping which can also be charged as either a felony or a misdemeanor.

The prosecutor can also file an additional charge for the failure to appear / bail jumping which can also be charged as either a felony or a misdemeanor. We also represent clients charged with the “on-bail” enhancement provision found in Section 12022.1.

Call the criminal defense attorney Carlos Ramos to discuss charges for bail jumping or a failure to appear warrant in Sacramento, CA. We can help you decide the best course of action to fight the underlying charges and any allegation that you willfully failed to appear in court or jumped bail.

Call us today.

Attorneys for Failure to appear in Sacramento, California

 

WARRANTS

The criminal defense attorneys in Sacramento, CA  help clients with outstanding arrest and bench warrants throughout the greater Sacramento.

Our attorneys can help you clear the arrest warrant for a new charge, a warrant after a violation of probation, or a bench warrant issued after you failed to appear in court or missed a court date. The most common type of warrants in California include:

  • Arrest warrants which are issued by the court after an officer has probable cause that a crime was committed;

  • Bench warrants (sometimes called the “body attachments”) which are issued by the judge from “the bench”  in the courtroom. Bench warrants can be issued for any of the following reasons:

  • Failure to appear (FTA) warrants;

  • Failure to pay (FTA) restitution warrants; and

  • Failure to obey a court order warrant.

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Attorneys for Warrants in Sacramento, California

 

PERSONAL INJURY

Personal Injury in Sacramento, California

 

CONTACT US.

Address

2217 15th St,

Sacramento, CA 95818

Email

consiliere.ramos@gmail.com

Phone

(916) 913-9996

 

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